What types of patent documents might lead to the discovery of additional parties in an interference?
During an interference proceeding, an examiner may discover additional parties through various patent documents. The MPEP 2307.04 mentions:
“During the course of an interference, the examiner may come across applications or patents of parties that claim the same invention, but are not already involved in the interference.”
This indicates that the types of patent documents that might lead to the discovery of additional parties include:
- Pending patent applications
- Issued patents
These documents may contain claims to the same invention that is the subject of the ongoing interference, potentially necessitating the inclusion of their respective applicants or patent owners in the proceedings.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2307.04 - Additional Parties To Interference,
Patent Law,
Patent Procedure